The legal system for dissolving the administrative contract in the public interest | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 547-586 PDF (851.01 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143026.1068 | ||
| Author | ||
| NADIA AHMED MOHAMED AL-NUAIMI* | ||
| Nineveh University. School of Law | ||
| Abstract | ||
| The administrative contract is considered one of the most important tools employed by the administration to fulfill its fundamental commitment of achieving the public interest. Not every contract entered into by the administration with natural or legal persons is referred to as an "administrative contract." This label requires certain characteristics to be present in the contract to warrant such a description. Chief among these characteristics is that the contract must be linked to providing a service affiliated with a public entity of the state. As part of this contract, there are non-traditional contractual conditions specific to the administration, stemming from its special authority. Built on the principles of "power" and "interest," administrative law places great significance on the concept of the "public interest," playing a vital role in defining this branch of law and resolving administrative disputes. Thus, administrative law is both a law of privileges and obligations. The legitimacy of the activities of public bodies hinges on these activities being directed towards achieving the public interest rather than their private interests. If these bodies stray from this purpose and their actions are not motivated by seeking the public interest, their actions are tainted by an abuse of power, rendering them subject to annulment. | ||
| Keywords | ||
| administrative contract; ،dissolution of the administrative contract; ؛; ،public interest | ||
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